Legal Question in Credit and Debt Law in West Virginia
Am I responable?
If my father is in dept and something happens to him ''passes away'' am I liable for his dept?
3 Answers from Attorneys
Re: Am I responable?
No, his estate is.
Re: Am I responable?
Only for those debts which were incurred for the necessities of life, i.e. medical bills, hospitals, ambulances, pharmaceuticals, etc. Not general obligations.
Re: Am I responable?
No, you are not liable for any his debts, even those that are "necessities of life." The previous poster is mistakenly answering your question as if it were about spendthrift trusts.
His estate is liable. This could impact you in that you might get less a part of your father's estate than otherwise. But it still would not make you personally liable for his debts. In cases involving some substantial irregularities in the handling of the estate, you could potentially receive an asset from the estate that would be subject to a creditor recovering against that particular asset, but again that does not make you personally liable.
If you had co-signed a note or wore somehow independently obligated on a debt or obligation of your fathers, your father's passing would not negate your continuing obligation.
Simple answer: Your father's debts are his, and nobody elses.